So I just received emails from both CBSA and my local MP Ralph Goodale who is Minister of public safety.
Both replies were identical, word for word.
"The Canada Border Services Agency (CBSA) is responsible for effectively controlling the movement of weapons in order to ensure compliance with existing laws, regulations, and orders. The importation of goods listed in Tariff Item (TI)
9898.00.00 is prohibited unless an exemption in that tariff applies. Prohibited weapons are listed in TI
9898.00.00. According to the Criminal Code – subsection 84(1), prohibited weapons are defined as:
a) a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring, or other device in or attached to the handle of the knife; or
b) any weapon, other than a firearm, that is prescribed to be a prohibited weapon.
A CITT decision Appeal No. AP-2017-012, T. LaPlante v. President of the CBSA regarding knives which open automatically by centrifugal force, was rendered on
November 16, 2017. The statement of reasons of the CITT decision is explained in the decision document Appeal No. AP-2017-012.
The CITT decision determined that a centrifugal knife is one that has a blade that opens automatically by centrifugal force when the blade is released from the handle into the fully ejected and locked position with a simple and brisk outwardly flick of the wrist. It includes knives that require some preliminary or simultaneous minimal manipulation of either a flipper or other non-edged parts of the blade.
There are also situations when folding, assisted-opening, spring-assisted and ball bearing knives may be considered a prohibited weapon, if the blade, through wear and tear or alteration, can be fully opened by applying centrifugal force or gravity to the blade as per the CITT decision. If this is the case, these knives would fall within the definition of a prohibited weapon, and could be prohibited under TI
9898.00.00 unless an exemption in that TI applies. The jurisprudence has stated that in such cases, it is the capability and not the design of the knife that will determine whether or not it is a prohibited weapon. In some cases, knives are also designed to open automatically with centrifugal force as per the CITT decision and therefore would also be considered prohibited.
Not all folding knives are considered to be a prohibited weapon. Each importation of a knife will be evaluated on a case by case basis in order to determine its classification.
The CBSA applies the provisions of the Criminal Code when determining whether certain weapons can be imported into Canada. An amendment and repeal of Criminal Code provisions falls under the purview of the Department of Justice."
Goodale did say that he would forward my email to the Minister of Justice Jody Wison-Raybould who is apparently the person to whom our attempts at change should be directed.
